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DECISION No

DECISION No. 198/1998/QD-TTg OF OCTOBER 12, 1998 ON THE ESTAB-LISHMENT OF HOA LAC HI-TECH PARK; AND APPROVAL OF THE MASTER PLAN AND THE INVESTMENT PROJECT, STAGE 1, PHASE I, HOA LAC HI-TECH PARK

THE PRIME MINISTER

Pursuant to the Law on Organization of the Government of September 30, 1992;

Pursuant to the Government's Decree No. 36-CP of April 24, 1997 on the issuance of the Regulation on Industrial Parks, Export Processing Zones, and Hi-Tech Parks;

Pursuant to the Government's Decree No. 42-CP of July 16, 1996 on the issuance of the Regulation on Investment and Construction Management, and Decree No. 92-CP of August 23, 1997 on the supplements and amendments to a number of Articles of the Regulation on Investment and Construction Management issued together with Decree No. 42-CP;

Based on the appraisal comments on the Hoa Lac Hi-Tech Park Project in Official Letter No. 5494/HDTD of August 5, 1998 of the State Council for Evaluation of Investment Projects;

At the proposal of the Minister of Science, Technology and Environment (in Report No. 1162/TTr-BKHCNMT of May 14, 1998) and the Head of Industrial Parks Management Board of Vietnam,

DECIDES:

Article 1.- To establish the Hoa Lac High-Tech Park in Ha Tay province;

The Hoa Lac Hi-Tech Park shall be organized and operating according to the Regulation on Industrial Parks, Export Processing Zones, and Hi-Tech Parks issued together Government's Decree No. 36-CP of April 24, 1997.

Article 2.-

I. To approve the master plan on Hoa Lac Hi-Tech Park, with the total area and the planning contents stated in the dossiers submitted for approval together with Document No. 1585/BKHCNMT-BQLCNC of June 30, 1998 of the Ministry of Science, Technology and Environment.

1. On the nature of the Hi-Tech Park:

The Hoa Lac Hi-Tech Park shall play a vital role in promoting the national and regional industrialization and modernization processes and serve as a bridge to absorb transfers, then proceed to create new high technologies; and as pilot site from which experience would be drawn for the development of hi-tech parks nationwide.

2. Location and size:

The Hoa Lac Hi-Tech Park shall be located in the region which has been planned for the development of a series of cities of Mieu Mon - Xuan Mai - Hoa Lac - Son Tay approved by the Government in Decision No. 372/QD-TTg of June 2, 1997. The Hoa Lac Hi-Tech Park shall, on the basis of the entire region's land fund, the combination with the exploitation of resources and capacities according to the inter-region long-term development plan, be built mainly on the territory of Thach That district, Ha Tay province, with the size of about 1,650 hectares.

3. Landscape and environmental management:

The general layout of entire Park area must be in harmony with the terrain utilization, and clean and fresh environments must be ensured through measures to be taken.

4. Technical infrastructure planning

Transportation, service, water supply and drainage as well as power supply and communications projects, must be developed to serve the scientific research and technological development, production and daily activities of residential quarters.

5. Management of the Hoa Lac Hi-tech Park

The Minister-Chairman of the Government's Commission for Organization and Personnel shall assume the prime responsibility and coordinate with the Ministry of Science, Technology and Environment and the Vietnam Board for Industrial Parks Management in submitting a proposal on establishment of a Management Board of the Hoa Lac Hi-Tech Park and other relevant management bodies under the current regulations to the Prime Minister for decision.

II. Approval of the Hoa Lac Hi-Tech Park investment project, Stage 1, Phase I with the following principal contents:

1. Project title: Hoa Lac Hi-Tech Park;

2. Project construction location: Communes of Ha Bang, Thach Hoa, Tan Xa, Binh Yen and Co Dong of Thach That district, Ha Tay province;

3. Stage 1 development land area is 200 hectares which shall be verified when the land use right is assigned in accordance with the provisions of the Land Law. The subsequent stages of the project shall be considered and approved, provided that the implementation of the Stage 1 - project proves effective;

4. The investment capital for technical infrastructure developments at Stage 1 shall be USD 96 million;

5. Other construction works such as research and development institutes, a software center, a commercial and business center etc. shall, depending on the form of investment (with the State Budget, BOT, FDI and others), be executed according to the current regulations;

6. In the course of realizing Stage 1, priority must be given to the project on human resource development for hi-tech development and for the Hoa Lac Hi-Tech Park.

Article 3.- The Hoa Lac Hi-Tech Park shall enjoy financial preferences at the highest level according to the Law on Domestic Investment Promotion and the Law on Foreign Investment in Vietnam and shall enjoy other preferences at the highest level according to the current regulations.

Article 4.-

1. To assign the Ministry of Science, Technology and Environment the responsibility to:

a/ Establish a project management unit (PMU) of the Hoa Lac Hi-Tech Park making preparatory steps and initial investments;

b/ Consider and approve the detailed planning on the Hoa Lac Hi-Tech Park's functional quarters, that shall serve as a basis for the designing and construction of project items in the Park; guide the studies on the overall planning of the Hoa Lac Hi-Tech Park in harmony with the practical conditions and in accordance with the current regulations; and

c/ Coordinate with the relevant ministries, agencies and localities in drafting and submitting the specific policies and the Rules of Operations for hi-tech parks to the Prime Minister for promulgation.

2. To assign the People's Committee of Ha Tay province the responsibility to:

a/ Perform its function of territorial management over the Hoa Lac Hi-Tech Park according to the current regulations;

b/ Coordinate with the Ministry of Science, Technology and Environment and other related bodies in the management of development planning, environmental protection, social order and security; and in making site clearance compensation and relocating local residents for the construction of Hoa Lac Hi-Tech Park; and

c/ Take initiative in planning the construction of resettlement areas, and organize the implementation thereof in order to soon stabilize the life and production of people in new resettlement areas.

3. To assign the relevant ministries, agencies and localities the responsibilities to:

a/ Perform work related to the Hoa Lac Hi-Tech Park according to their respective assigned tasks and responsibilities; and

b/ Depending on requirements of the Hoa Lac Hi-Tech Park construction, carry out any assignments requested by the Prime Minister when necessary.

Article 5.- This Decision takes effect 15 days after its signing. The Ministers of Science, Technology and Environment; Planning and Investment; Finance; Construction; Agriculture and Rural Development; and National Defense, and the Governor of the State Bank of Vietnam; the head of Vietnam Board for Industrial Parks Management; the President of Ha Tay provincial People's Committee; the General Director of the Land Administration; and the heads of relevant agencies shall, within their respective functions and powers, have to implement this Decision.

Prime Minister

PHAN VAN KHAI